Current through September 25, 2024
Section 3 AAC 306.405 - Standard marijuana cultivation facility: privileges and prohibited acts(a) A licensed standard marijuana cultivation facility is authorized to (1) propagate, cultivate, harvest, prepare, cure, package, store, and label marijuana;(2) sell marijuana only to a licensed retail marijuana store, to another licensed marijuana cultivation facility, or to a licensed marijuana product manufacturing facility;(3) accept marijuana from a licensed retail marijuana store that(A) rejected a shipment of marijuana: or(B) revoked acceptance of a shipment of marijuana;(4) provide samples to a licensed marijuana testing facility for testing;(5) store inventory on the licensed premises; any stored inventory must be secured in a restricted access area and accounted for in the marijuana cultivation facility's marijuana inventory tracking system as required under 3 AAC 306.730;(6) transport marijuana in compliance with 3 AAC 306.750;(7) conduct in-house testing for the marijuana cultivation facility's own use;(8) provide marijuana samples to a licensed retail marijuana store or marijuana product manufacturing facility for the purpose of negotiating a sale;(9) begin initial operations at the time of preliminary inspection by an employee or agent of the board with (A) 12 or fewer mature, non-flowering plants, designated and used as mother plants;(B) any number of immature plants; and(C) any number of seeds for cultivation on the licensed premises;(10) introduce a new strain after written approval by the director on a form prescribed by the board, by (A) receiving not more than twenty clones or cuttings from a person 21 years of age or older, without compensation; or(B) receiving seeds from a person 21 years of age or older, without compensation, for cultivation on the licensed premises.(b) A licensee of a standard marijuana cultivation facility may also apply for a marijuana product manufacturing facility license retail marijuana store license, or both. A licensee of a standard marijuana cultivation facility who obtains a marijuana product manufacturing facility license retail marijuana store license, or both shall (1) except for overlapping premises approved by the board under 3 AAC 306.710(d), conduct a marijuana product manufacturing operation or retail marijuana store operation in a room separate from any other operation and the marijuana cultivation facility; if the rooms are connected and co-located in an area that is not approved by the board as overlapping premises, a secure door must separate the rooms from each other; a secure door must separate any room connected to and co-located with the marijuana cultivation facility; and(2) comply with each provision of this chapter that applies to any other type of marijuana establishment license that the licensee of a standard marijuana cultivation facility obtains.(c) A licensed standard marijuana cultivation facility may not (1) sell, distribute, or transfer marijuana or a marijuana product to a consumer, with or without compensation;(2) allow any person, including a licensee, employee, or agent, to consume marijuana or a marijuana product on the licensed premises or within 20 feet of the exterior of any building or outdoor cultivation facility on the licensed premises;(3) treat or otherwise adulterate marijuana with any organic or nonorganic chemical or other compound to alter the color, appearance, weight, or odor of the marijuana;(4) sell marijuana that is not packaged and labeled in compliance with 3 AAC 306.470 and 3 AAC 306.475;(5) introduce marijuana or a marijuana product, including plants and seeds, onto the licensed premises from any outside source after the initial preliminary inspection, except (A) as acquired from another licensed marijuana cultivation facility and accounted for in each marijuana cultivation facility's marijuana inventory tracking system as required under 3 AAC 306.730 or (B) as provided under this section; or(6) produce or possess marijuana concentrate that was extracted using any process described in 3 AAC 306.555 on the marijuana cultivation facility's licensed premises, unless the licensee of the standard marijuana cultivation facility also has a marijuana product manufacturing facility license; a licensed standard marijuana cultivation facility must conduct any extraction or production of marijuana concentrate on the premises (A) in a room that (i) is separate as required in (b) of this section from the marijuana cultivation area; and (ii) is posted with a sign that complies with 3 AAC 306.710(b) and warns unauthorized persons to stay out; and(B) in compliance with all applicable provisions of 3 AAC 306.500 - 3 AAC 306.570.Eff. 2/21/2016, Register 217, April 2016; am 10/20/2018,Register 228, January 2019; am 12/10/2020, Register 236, January 2021; am 12/31/2023, Register 248, January 2024; am 1/5/2024, Register 249, April 2024; am 8/16/2024, Register 251, October 2024Authority:AS 17.38.010
AS 17.38.070
AS 17.38.121
AS 17.38.150
AS 17.38.190
AS 17.38.200
AS 17.38.900